A groundbreaking judgment of the EU- Court of Justice: holders of a Chavez permit – right of residence for non-EU parents of a minor Dutch child – should be allowed to apply for a permanent residence permit (on the basis of EU Long-term Residents Directive 2003/109)!

In principle, Chavez residence is of non-temporary nature: the relationship of dependence can extend over a considerable period until the Dutch child has reached the age of majority, or even longer if there are circumstances that justify this (paragraph 41 of this judgment).

This puts an end to the Dutch practice, in which the Chavez right was only regarded as temporary and persons with this right could not apply for a stronger, permanent, right of residence.

In the case of new applications and ongoing procedures for a permanent residence permit, this judgment can be invoked and the application can no longer be rejected on this ground.

For more information about this judgment and the consequences for your situation, please contact Scheers Advocatuur.